Seller To Buyer After Closing: ‘I’m Not Leaving’

DAILY REAL ESTATE NEWS | MONDAY, JUNE 13, 2016

A woman in Nashville ran into an unusual problem after buying her first home: The seller is now refusing to leave. 

“It’s been a nightmare,” Tamara Holloway told News 2 in Nashville. “The seller has essentially pirated my house. Holloway closed on the home on June 1. There is nothing in the contract stating that the seller can stay past that date. But Justin McCrory, the home seller, says he’s lived in the property for four years and he doesn’t plan to leave. 

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“The transaction went through and they’re getting a good clean property,” McCrory told reporters. “What’s the problem? ... I technically don’t have to go anywhere. They’d have to evict me and they’re not having that.”

Holloway filed a detainer warrant last week. That is the first step of the eviction process. Signature Title Services says the processor for the closing also has written McCrory and told him to vacate the property. 

So far, McCrory hasn’t left. 

The Greater Nashville Association of REALTORS® urged buyers to make sure they get their keys at closing. Holloway did not. Also, make sure to work with the seller’s REALTOR®. McCrory didn't have one.

“Make sure your REALTOR® understands that it’s a ‘for sale by owner’ and can work with that other party to make sure things like this don’t slip through the cracks,” said GNAR President Denise Creswell.

Source: “Nashville Woman Buys Home; Seller Won’t Move Out,” KRQE News 13 (June 11, 2016)